Approval of the Second Reading of Ordinance 772 N.S. - Adding Divisions 17.52 Density Bonus, and 17.54 Urban Lot Splits and Two Unit Housing Developments (SB 9) to Chapter 17 of the Piedmont Municipal Code; Amending Divisions 17.02, 17.20, 17.22, 17.

City of Piedmont

COUNCIL AGENDA REPORT
DATE: March 4, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Approval of the Second Reading of Ordinance 772 N.S. - Adding Divisions 17.52 Density Bonus, and 17.54 Urban Lot Splits and Two Unit Housing Developments (SB 9) to Chapter 17 of the Piedmont Municipal Code; Amending Divisions 17.02,

17.20, 17.22, 17.24, 17.26, 17.28, 17.30, 17.90, 17.40, 17.67 to Implement the 2023-2031 Housing Element Implementation Project

RECOMMENDED ACTION
Approve the Second Reading of Ordinance No. 772 N.S., Attachment A, Adding Divisions 17.52 Density Bonus, and 17.54 Urban Lot Splits and Two Unit Housing Developments (SB 9) to Chapter 17 of the Piedmont Municipal Code; Amending Divisions 17.02, 17.20, 17.22, 17.24,

17.26, 17.28, 17.30, 17.90, 17.40, 17.67 to Implement the 2023-2031 Housing Element Implementation Project.

BACKGROUND
On February 20, 2024, the City Council approved a first reading of Ordinance 768 N.S.- adding divisions 17.52 Density Bonus and 17.54 Urban Lot Splits and Two-Unit Housing Developments (SB 9) to Chapter 17 of the Piedmont Municipal Code, and amending divisions 17.02 Title; Intent; City Charter, 17.20 Zone A: Single Family Residential, 17.24 Zone B: Public Facilities, 17.24 Zone C: Multi-Family Residential, 17.26 Zone D: Commercial And Mixed-Use Commercial/Residential, 17.28 Zone E: Single Family Residential Estate, 17.30 Parking, and

17.90 Definitions & Measurements, and sections of divisions 17.40 Residential Rentals, and division 17.67 Ministerial Design Review Permits, to implement the 2023-2031 Housing Element Implementation project.

On February 20, 2024, the City Council also certified the 2023-2031 Housing Element Implementation Project EIR for the 6th Cycle Housing Element Implementation project, made required findings, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program.

A second and final reading is required for adoption. If passed, this ordinance will become effective April 3, 2024.

Prepared By: Gopika Nair, Associate Planner

ATTACHMENTS
A Ordinance No. 772 N.S. – Revisions to City Code Chapter 17 Planning and Land Use
Agenda Report Page 2
ORDINANCE NO. 772 N.S.

AN ORDINANCE
ADDING DIVISIONS 17.52 DENSITY BONUS, AND 17.54 URBAN LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS (SB 9), TO CHAPTER 17 OF THE PIEDMONT MUNICIPAL CODE; AMENDING DIVISIONS 17.02 TITLE; INTENT; CITY CHARTER, 17.20 ZONE A: SINGLE FAMILY RESIDENTIAL, 17.22 ZONE B:

PUBLIC FACILITIES, 17.24 ZONE C: MULTI-FAMILY RESIDENTIAL, 17.26 ZONE D: COMMERCIAL AND MIXED-USE COMMERCIAL/RESIDENTIAL; 17.28 ZONE E:

SINGLE FAMILY RESIDENTIAL ESTATE, 17.30 PARKING AND 17.90 DEFINITIONS & MEASUREMENTS; AND SECTIONS OF DIVISIONS 17.40 RESIDENTIAL RENTALS AND 17.67 MINISTERIAL DESIGN REVIEW PERMITS, TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT IMPLEMENTATION PROJECT
WHEREAS, to comply with State housing element law, the City Council adopted the 2023-2031 6th Cycle Housing Element (the 6th Cycle Housing Element) on March 20, 2023; and WHEREAS, the City conducted extensive community outreach in support of the Housing Element update process including presentations to various City commissions, committees, and the City Council. Additionally, staff engaged in a range of outreach activities, such as hosting webinars and workshops, and disseminating information at popular community events. Direct feedback from residents led to the development of new, revised, and modified programs, many of which specify the changes necessary to implement the programs and remove barriers to the development of new diverse housing types that are affordable to occupants at all income levels; and WHEREAS, the 6th Cycle Housing Element requires consistency within the elements of the General Plan and consistency between the City’s General Plan and the City’s Zoning Ordinance, codified in Chapter 17, Planning and Land Use, of the Piedmont City Code (“City Code”); and
WHEREAS, the City has prepared amendments to Chapter 17 of the Piedmont City Code implement Housing Element programs, make changes necessary for conformance with State law, and implement best practices to ensure consistency throughout the Zoning Ordinance. The proposed revisions encompass updated standards, rules, procedures, special use regulations, development standards, and performance criteria to guide housing development projects throughout the City; and
WHEREAS, these amendments implement the Housing Element programs 1.D: Allow Religious Institution Affiliated Housing Development in Zone A: Single Family Residential, 1.E:

Require ADUs for New Single-Family Residence Construction, 1.F: Increase Allowances for Housing in Zone B: Public Facilities,1.G: Facilitating Multi-family Development in Zone C:

Multi-family Residential,1.H: Increase Allowances for Housing in Zone D: Commercial and Mixed-Use, 1.J: SB 9 Facilitation Amendments, 1.M: Manufactured and Mobile Homes, 1.P:

General Plan Amendments, 1.R: Lower-Income Sites Modifications to Address Shortfall, 4.I:

Health and Safety Code 17021.5 Compliance, 4.L: Allow Parking Reductions for Multi-Family, Mixed-Use and Affordable Projects, 4.N: Allow Transitional and Supportive Housing by Right in Attachment A Agenda Report Page 3
Zones that Allow Residential Uses, 4.O: Allow Low Barrier Navigation Centers by Right in Zones that Allow Residential Uses, 4.P: Residential Care Facilities, 4.Q: Parking Reductions for Persons with Disabilities, Seniors, and Other Housing Types, 4.V: Allow Emergency Shelters As Accessory Uses to Religious Facilities in Zone A, 5.H: Housing for Extremely Low-Income Individuals and Households, and 5.L: Definition of Family; and WHEREAS, these amendments also implement the State Density Bonus law as provided in California Government Code Section 65915(a) and Assembly Bill 1308 as provided in California Government Code 65863.3. (a); and
WHEREAS, the City prepared an Environmental Impact Report (EIR) prepared for the Housing Element Implementation project pursuant to the California Environmental Quality Act (CEQA) to analyze the environmental impacts of the project, including the proposed amendments to City Code Chapter 17, and on February 20, 2024, the City Council certified the 2023-2031 Housing Element Implementation EIR and adopted CEQA findings, statement of overriding considerations, and mitigation monitoring and reporting program; and WHEREAS, the proposed amendments to the Zoning Ordinance were presented and discussed as study sessions at the regular meetings of the Planning Commission and City Council held on November 13, 2023, November 20, 2023, December 11, 2023, December 18, 2023, and January 8, 2024, during which members of the public had the opportunity to comment on the proposed amendments; and
WHEREAS, the Planning Commission has held a duly noticed public hearing and took public testimony on the proposed amendments to City Code Chapter 17 on January 29, 2024, consistent with existing City Code section 17.72.040, and recommended adoption of the resolution recommending that the City Council adopt an ordinance: (1) adding divisions 17.52 Density Bonus, and 17.54 Urban Lot Splits and Two-Unit Housing Developments (SB 9), to Chapter 17 Of The Piedmont Municipal Code and ; and (2) amending divisions 17.02 Title; Intent; City Charter; 17.20 Zone A: Single Family Residential; 17.22 Zone B: Public Facilities; 17.24 Zone C:

Multi-Family Residential; 17.26 Zone D: Commercial And Mixed-Use Commercial/Residential;

17.28 Zone E: Single Family Residential Estate; 17.30 Parking; and 17.90 Definitions & Measurement; and sections of divisions 17.40 Residential Rentals and 17.67 Ministerial Design Review Permits, of Chapter 17 of the Piedmont City Code to implement the 2023-2031 Housing Element Implementation Project; and
WHEREAS, the City Council has held a duly noticed public hearing and took public testimony on the proposed amendments to City Code Chapter 17 on February 20, 2024, consistent with existing City Code section 17.72.050.

NOW, THEREFORE, the City Council of the City of Piedmont hereby ordains as follows:

SECTION 1 – INTENT
Attachment A Agenda Report Page 4
It is the intent of the City Council of the City of Piedmont to adopt new and updated provisions in City Code Chapter 17 that implement the adopted Housing Element and State laws related to:
• The intent of all five zoning districts and overall City Code Chapter 17; • The inclusion of new permitted and conditional uses in all the zoning districts; • The revisions to the development standards and regulations, including parking standards, for all zoning districts;
• The addition of a new division 17.52 implementing the State Density Bonus Law; • The addition of a new division 17.54 implementing the Senate Bill 9 and associated revisions in other divisions of the City Code Chapter 17; • The addition of definitions for the new terms and housing types; and • The revisions to division 17.67 Ministerial Design Review Permit to provide consistency with State laws that allow ministerial review of certain residential and mixed -use development projects.

SECTION 2 – Findings. The City Council hereby makes the following findings:

A. The above recitations are true and correct and incorporated herein by reference.

B. The City Council has approved a separate resolution certifying the Housing Element Implementation Project Environmental Impact Report and adopting Findings, and a Statement of Overriding Considerations for the Housing Element and related actions, which is incorporated herein by reference.

C. The City Council has adopted a separate resolution approving General Plan amendments as part of the Housing Element Implementation Project.

D. The proposed amendments implement the 2023-2031 Housing Element goals, policies and programs, and are consistent with the 2023-2031 Housing Element.

E. Pursuant to City Code Section 17.72.050(B), the amendments are consistent with the Piedmont General Plan, as recommended to be amended, the purposes of Chapter 17, and the provisions in City Charter Section 9.02.

F. The proposed amendments further public health, safety, and welfare of the community.

SECTION 3 – AMENDMENT OF SUBSECTION 17.02.010.B.

Subsection 17.02.010.B. of Section 17.02.010, Title; Intent; City Charter, of the City Code is amended to read in its entirety as follows:
“B. Intent. The City of Piedmont consists primarily of unique single-family residences set among mature trees and other vegetation. The residents wish to:

1. preserve the architectural heritage and beauty of the city's homes, the mature vegetation, the tranquility and privacy that now exist, and significant views;

2. reduce on-street parking and traffic in the neighborhood streets and facilitate pedestrian and bicycle activity;
Attachment A Agenda Report Page 5

3. mitigate overcrowding and build a thriving environment for all, where growth benefits schools, services, facilities, and amenities;

4. preserve the city's historical heritage;

5. preserve the existing stock of small homes and otherwise allow for a variety of housing types for all income levels, including single-family and multi-family dwellings;

6. ensure excellence of architectural design, and compliance with the Piedmont Design Standards and Guidelines, as approved by the City Council and amended from time to time;

7. allow retail, office, and service commercial uses that are primarily neighborhood serving; and

8. promote property improvements without sacrificing the goals already mentioned.

These zoning regulations are designed to implement these purposes.” SECTION 4 – AMENDMENT OF DIVISION 17.20 ZONE A: SINGLE FAMILY

RESIDENTIAL
Division 17.20 of the City Code is deleted and replaced in its entirety with the following:
“DIVISION 17.20 ZONE A: SINGLE FAMILY RESIDENTIAL
Sections:

17.20.010 Intent

17.20.020 Permitted uses

17.20.030 Conditional uses

17.20.040 Regulations

17.20.010 Intent.

Zone A is established for single-family residential and other allowed uses. The intent is to:
• Preserve, maintain, and enhance Piedmont's residential character and the quiet community atmosphere of neighborhoods.
• Mitigate adverse environmental impacts and site constraints, such as excessive noise, light deprivation, incompatible land uses, unsafe overcrowding, obstructed pedestrian and vehicular access and circulation, and blockage of significant views. • Create, maintain, and enhance a living environment that builds community for people of all income levels.
• Maintain openness and areas of vegetation to enhance a healthy environment. • Achieve design compatibility and orderly arrangement of development by establishing regulations for the siting, massing, and building form on properties throughout the zone.

17.20.020 Permitted uses.

Attachment A Agenda Report Page 6
The following are permitted uses in Zone A:

A. Single-family residence.

B. Rented room, subject to section 17.40.020, or short-term rental, subject to a short-term rental permit under section 17.40.030.

C. Accessory dwelling unit, subject to division 17.38.

D. Small family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

E. Religious institution affiliated housing development projects, and religious institution affiliated emergency shelters.

F. Manufactured and mobile homes on a permanent foundation.

G. Low barrier navigation centers.

H. Residential care facilities or group homes that provide licensable services for up to six residents.

I. Residential care facilities or group homes that do not provide licensable services.

J. Supportive housing and transitional housing developments.

K. Accessory structures with accessory uses located on the same lot as the primary structure.

L. Employee housing for 6 or fewer persons.

17.20.030 Conditional uses.

The following are allowed in Zone A with a conditional use permit:

A. Religious assembly.

B. Private school, or day care facility associated with a religious assembly use. A pre-existing school not having a use permit may continue as a non-conforming use as long as the use is not expanded.

C. Reservoir.

D. Wireless communication facility, subject to a wireless communication facility permit (rather than a use permit) under division 17.46.

E. Residential care facilities or group homes that provide licensable services for seven or more residents.

Attachment A Agenda Report Page 7
F. Large family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

17.20.040 Regulations.

A. The following development standards apply to the development of all uses in Zone A, except those listed in Section 17.20.040.B:

Zone A requirements
Lot area Minimum 8,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38 or for a lot split under SB 9 set forth in division 17.54.

Frontage, on public or
private street
Minimum 60 feet, subject to an exception for a lot split under SB 9 as set forth in division 17.54.

Lot coverage;
Landscaping
Maximum 40% lot coverage for primary and accessory
structures, subject to exception for accessory dwelling unit construction set forth in division 17.38. (A site feature is not calculated in the lot coverage if (1) the feature is not more than 7 feet height and (2) the total of all site features is 400 square feet or less.)
Minimum 30% landscaping, subject to exception for accessory dwelling unit construction set forth in division 17.38.

Structure height Maximum 35 feet, except accessory dwelling units shall be subject to restrictions set forth in division 17.38.

Street yard setback Minimum 20 feet for primary or accessory structure, subject to exception for accessory dwelling unit construction set forth in division 17.38.

No minimum setback for a site feature, but a site feature may require a design review permit under division 17.66.

Side yard and
rear yard setback
Minimum 5 feet for a primary or accessory structure, unless the yard is street facing, in which case the minimum is 20 feet, except that a setback of only 4 feet is required for a new structure to be used as an accessory dwelling unit, and no setback is required for conversions of an existing structure to an accessory dwelling unit or portion thereof in the same location and same dimensions.**
However, an accessory structure may be located anywhere within the side and rear setback areas except that it: (a) must be located within 35 feet of the rear lot line; (b) must be located at Attachment A Agenda Report Page 8
least 5 feet from a habitable structure on an abutting property, and, for a corner lot, at least 5 feet from a side lot line of an abutting property to the rear; (c) may not exceed 15 feet in height; and (d) may not be habitable.

A dwelling unit developed under SB 9 is subject to a 4 foot side and rear setback.

A site feature proposed within these distances may require a design review permit under division 17.66.

Floor area ratio* Subject to exception for accessory dwelling unit construction set forth in division 17.38 or for a dwelling unit developed under SB 9 set forth in division 17.54:

Maximum 55% of the lot area if the parcel is 5,000 square feet or less.

Maximum 50% of the lot area if the parcel is 5,001 square feet to 10,000 square feet.

Maximum 45% of the lot area if the parcel is more than 10,000 square feet.
* In order to encourage development within the existing building envelope instead of building outwards or upwards, the floor area ratio standard is not applied to finishing an area into habitable space if: (1) there is no expansion of the exterior building envelope; and (2) the owner has not obtained a final inspection within the prior three years on a building permit issued for an expansion of the building envelope. ** Pursuant to Government Code section 65852.2(a)(1)(D)(vii).

Please refer to division 17.54 for standards for a lot split and two-unit housing developments performed under SB 9.

B. The development standards for the following uses are as indicated below:
a. Wireless communications facility, as provided in division 17.46. b. Religious institution affiliated housing development projects, as provided in section

17.24.040.A. except that there is no minimum density and maximum allowable density is 21 dwelling units per acre.
c. Reservoir has no applicable development standards.

C. For lots that are larger than 5,000 square feet, an ADU shall be constructed:
a. when a new single-family residence is proposed on a vacant lot. b. when an existing single-family residence is demolished for a remodel or reconstruction, except when a single-family residence is being reconstructed to the same or similar square footage due to damage or destruction by accident, fire, flood, earthquake, or other act of nature.”
SECTION 5 – AMENDMENT OF DIVISION 17.22 ZONE B: PUBLIC FACILITIES Division 17.22 of the City Code is deleted replaced in its entirety with the following:
“DIVISION 17.22 ZONE B: PUBLIC FACILITIES
Attachment A Agenda Report Page 9
Sections:

17.22.010 Intent

17.22.020 Permitted uses

17.22.030 Conditional uses

17.22.040 Regulations

17.22.010 Intent.

Zone B is established to regulate and control development of public facilities and other allowed uses that are compatible with the character of surrounding uses.

17.22.020 Permitted uses.

The following are permitted uses in Zone B:

A. A single-family residence.

B. Accessory dwelling unit, subject to division 17.38.

C. Building occupied by a public agency or other nonprofit entity.

D. Public school.

E. Parks and open space, including recreational uses and facilities.

F. Cemetery, public utility.

G. Emergency shelter, supportive housing or transitional housing. .

H Manufactured and mobile homes on a permanent foundation.

I. Low barrier navigation centers.

J. Residential care facilities or group homes that provide licensable services for up to six residents.

K. Residential care facilities or group homes that do not provide licensable services.

L. A multi-family residential development, including senior housing, and disabled housing.

M. Small family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

N. Employee housing for 6 or fewer persons.

Attachment A Agenda Report Page 10
O. Accessory structures and accessory uses affiliated with the primary structure on the same lot under this section.

17.22.030 Conditional uses.

The following are allowed as conditional uses in Zone B:

A. Except for schools, a public building used by a for-profit commercial entity.

B. Wireless communication facility, subject to a wireless communication facility permit (rather than a use permit) under division 17.46.

C. Licensed residential care or group homes that provide licensable services to seven or more residents.

D. Large family day care home in accordance with California Health and Safety Code sections 1597.43 – 1597.47.

17.22.040 Regulations.

A. City projects are not subject to development standards, except those listed below:

1. the green building requirements of chapter 8, section 8.10 and following;

2. the bay-friendly landscaping requirements of chapter 3, section 3.30 and following B. In Zone B, for uses other than those set forth in 17.22.040(A) and (C), the development standards are as follows:

Lot area; frontage;
coverage; height; front,
rear and side yards; floor
area ratio.

All as set forth for Zone A. See section 17.20.040.

C. In Zone B, the development standards for the following uses are set forth below:
a. Wireless communications facility as provided in division 17.46. b. Multi-family residential as provided in section 17.24.040.A. c. Cemetery, public utility – no standards.
d. Building occupied by a public agency or other nonprofit entity – no standards, except as set forth in Section 17.22.040.A.
e. Parks and open space, including recreational uses and facilities – no standards.

D. For lots that are larger than 5,000 square feet, an ADU shall be constructed:
a. when a new single-family residence is proposed on a vacant lot. b. when an existing single-family residence is demolished for a remodel or reconstruction, except when a single-family residence is being reconstructed to the same or similar square footage due to damage or destruction by accident, fire, flood, earthquake, or other act of nature.”
SECTION 6 – AMENDMENT OF DIVISION 17.24 ZONE C: MULTI-FAMILY

RESIDENTIAL
Attachment A Agenda Report Page 11
Division 17.24 of the City Code is deleted and replaced in its entirety with the following:
“DIVISION 17.24 ZONE C: MULTI-FAMILY RESIDENTIAL
Sections:

17.24.010 Intent

17.24.020 Permitted uses

17.24.030 Conditional uses

17.24.040 Regulations

17.24.010 Intent.

Zone C is established to regulate and control residential development, including multi-family dwellings, that enhances the character of the neighborhood and builds community for people of all income levels.

17.24.020 Permitted uses.

The following are permitted uses in Zone C:

A. A single-family residence.

B. A multi-family residential development. .

C. Accessory dwelling unit, subject to division 17.38.

D. Manufactured and mobile homes on a permanent foundation.

E. Low barrier navigation centers.

F. Residential care facilities or group homes that provide licensable services for up to six residents.

G. Residential care facilities or group homes that do not provide licensable services.

H. Supportive housing and transitional housing.

I. Accessory structures with accessory uses located on the same lot as the primary structure under this section.

J. Small family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

K. Employee housing for 6 or fewer persons.

17.24.030 Conditional uses.

Attachment A Agenda Report Page 12
The following are allowed as conditional uses in Zone C:

A. Wireless communication facility, subject to a wireless communication facility permit (rather than a use permit) under division 17.46.

B. Residential care facilities or group homes that provide licensable services for 7 or more people.

C. Large family day care home in accordance with California Health and Safety Code sections 1597.43 – 1597.47.

D. Single room occupancy dwellings.

E. Co-housing.

17.24.040 Regulations.

A. In Zone C, for multi-family residential use, licensed residential care facility for 7 or more residents, co-housing and single room occupancy dwellings, the standards are as follows:

Zone C requirements
Lot area Minimum 10,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38.

Frontage, on
public or
private street
Minimum 90 feet
Lot coverage;
Landscaping
Maximum 70% lot coverage for primary and accessory structures, subject to exception for accessory dwelling unit construction set forth in division 17.38.

Minimum 15% landscaping, or 10% by landscaping for a project in which at least 20% of the units are affordable, as defined by the California Department of Housing and Community Development, subject to exception for accessory dwelling unit construction set forth in division 17.38.

Structure height Maximum 45 feet for buildings on lots with lot area 4,000 sq.ft.or or more, except accessory dwelling units shall be subject to restrictions set forth in division 17.38.

Maximum 35 feet for buildings on lots with lot area less than 4,000 sq.ft., except accessory dwelling units shall be subject to restrictions set forth in division 17.38.

Street yard
setback
Minimum 15 feet for primary or accessory structure, subject to exception for accessory dwelling unit construction set forth in division

17.38. If adjacent lots abutting the side lot lines of the subject lot both contain principal single family residential buildings that have front setbacks with a depth of less than ten (10) feet, the minimum front setback may be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from Attachment A Agenda Report Page 13
the most forward projection of the principal single family residential buildings on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot or lot that has a vacant parcel next to it, this same principal may apply if the two (2) lots adjacent to the corner lot or lot along its front lot line have less than a fifteen (15) foot front setback. See illustration below:

Site feature of any height may require a design review permit under division 17.66.

Side yard and
rear yard
setback
Minimum 4 feet for primary or accessory structure, except as provided below. If adjacent lots abutting the side and rear lot lines of the subject property are single family residential, the proposed building shall further step back depending on the lot area:
• If lot area is less than 4,000 sq.ft., the building shall step back 8 ft. from the side and/or rear property line abutting the single family residential after 2 stories or 22 ft., whichever is less. • If lot area is 4,000 sq.ft. or more, the building shall step back 8 ft. from the side and/or rear property line abutting the single family residential after 3 stories or 35 ft, whichever is less.

However, an accessory structure may be located anywhere within the side and rear setback areas except that it: (a) must be located within 35 feet of the rear lot line; (b) must be located at least 5 feet from a habitable structure on an abutting property, and, for a corner lot, at least 5 feet from a side lot line of an abutting property to the rear; (c) may not exceed 15 feet in height; and (d) may not be habitable.

A site feature proposed within these distances may require a design review permit under division 17.66.

Density Minimum density of 20 dwelling units/acre, and maximum density of 60 dwelling units/acre, unless otherwise required by State Law.

Unit type mix 50% of the units in a multi-family housing development, including cohousing (but excluding senior housing, licensed residential care facilities of 7 or more residents, and disabled housing), shall have a minimum of two bedrooms, unless 100% of the units are affordable to households earning 50% or less of the area median income (AMI) established by California Health and Safety Code 5105 that are deedrestricted for a period of 55 years or more. * Pursuant to Government Code section 65852.2(a)(1)(D)(vii).

Attachment A Agenda Report Page 14
** Pursuant to Government Code section 65852.2(e)(1)(D)(ii).

B. In Zone C, for uses other than those listed above, the development standards are as follows:

1. Wireless communications facility as provided in division 17.46.

2. Single-family residence as provided in section 17.20.040.A.

3. Manufactured and mobile homes as provided in section 17.20.040.A.

4. Large day care home as provided in section 17.20.040.A.

5. Licensed residential care facility or group home for up to 6 residents and unlicensed residential care facility or group home as provided in section 17.20.040.A.

6. Low barrier navigation centers as provided in section 17.20.040.A.

7. Transitional and supportive housing as provided in section 17.20.040.A.

8. Employee Housing for up to six employees as provided in section 17.20.40.A

9. Small day care home as provided in section 17.20.40.A C. For lots that are larger than 5,000 square feet, an ADU shall be constructed:
a. when a new single-family residence is proposed on a vacant lot. b. when an existing single-family residence is demolished for a remodel or reconstruction, except when a single-family residence is being reconstructed to the same or similar square footage due to damage or destruction by accident, fire, flood, earthquake, or other act of nature.”
SECTION 7 – AMENDMENT OF DIVISION 17.26 ZONE D: MULTI-FAMILY

RESIDENTIAL
Division 17.26 of the City Code is deleted and replaced in its entirety with the following:
“DIVISION 17.26 ZONE D: COMMERCIAL AND MIXED USE
Sections:

17.26.010 Intent

17.26.020 Permitted uses

17.26.030 Conditional uses

17.26.040 Prohibited uses

17.26.050 Regulations

17.26.010 Intent.

Zone D is established to regulate and control commercial and mixed-use commercial/residential development, where pedestrian-oriented commercial development will serve the neighborhood, consistent and in harmony with the character of the neighborhood and adjacent residential areas.

17.26.020 Permitted uses.

The following are permitted uses in Zone D:

A. A single-family residence.

Attachment A Agenda Report Page 15
B. An accessory dwelling unit, subject to division 17.38.

C. Low barrier navigation centers.

D. Residential care facilities or group homes that provide licensable services for up to six residents.

E. Residential care facilities or group homes that do not provide licensable services.

F. Supportive housing and transitional housing developments.

G. Accessory structures with accessory uses located on the same lot as the primary structures under this section.

H. Small family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

I. Multi-family development including single-room occupancy, co-housing, senior housing, and disabled housing, that is part of a mixed-use development.

J. Employee housing for 6 or fewer persons.

K. Manufactured and mobile homes on a permanent foundation.

17.26.030 Conditional uses.

The following are allowed as conditional uses in Zone D:

A. Religious assembly.

C. Large family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

D. Retail, office, and service commercial uses of a type that will be primarily neighborhood serving. Commercial uses that are primarily neighborhood serving are those uses neighbors would be expected to use on a regular basis, and not uses that would be expected to draw the major portion of their clientele from outside the neighborhood.

A structural change (including reduction or addition in structure) or change in actual existing use in a commercial building requires a new conditional use permit. Change in actual existing use means the addition, withdrawal, or other modification of:

1. the type or quality of service or product being marketed;

2. the time or place of delivery of the service or product;

3. the manner or method of delivery of the service or product; or Attachment A Agenda Report Page 16

4. the number of personnel on the site, where the addition, withdrawal, or other modification changes the facts upon which a conditional use permit was based.

E. Commercial portion of a mixed-use commercial/residential development, including groundfloor retail, office, or service commercial uses to primarily serve the neighborhood.

F. Wireless communication facility, subject to a wireless communication facility permit (rather than a use permit) under division 17.46.

G. Residential care facilities or group home that provide licensable services for seven or more residents.

17.26.040 Prohibited uses.

The following uses are prohibited uses in Zone D: manufacturing, wholesaling, distributing, or industrial use; motor vehicle sales or service, except minor servicing; hotel or motel; fast food restaurants; and drive-through establishments.

17.26.050 Regulations.

A. In Zone D, for commercial, mixed-use commercial/residential, and private school facilities uses, the standards are as follows:

Zone D requirements
Civic Center Subarea 1 Grand Avenue Subarea 2
Lot area No minimum lot area, but an existing
lot may not be subdivided into
smaller lots.

No minimum lot area, but an existing
lot may not be subdivided into smaller
lots.

Frontage, on
public or
private street
No minimum requirement. No minimum requirement.

Lot coverage;
Landscaping
No maximum.

No minimum.

No Maximum.

Minimum 10% landscaping, subject to
exception for accessory dwelling unit
construction set forth in division 17.38.

Structure
height
45 feet Maximum 45 feet.

For a building site adjacent to a singlefamily residence:

A. within 10 feet of the abutting lot
line: maximum 35 feet measured
from adjacent grade; and
B. daylight plane starting at 35 feet
above grade and a distance of 10
feet from the abutting property
line.

Zone D requirements (continued)
Civic Center Subarea 1 Grand Avenue Subarea 2
Attachment A Agenda Report Page 17
Street yard
setback
No minimum setback. Along Wildwood, Sunnyside and
Linda Avenues: 5 feet minimum from
lot line.

Along Grand Avenue: 5 feet minimum
from curb or 3 feet from lot line,
whichever is greater.

Side yard and
rear yard
setback
No minimum setbacks, but if side or
rear yard abuts a single-family
residence, the minimum side and
rear yard setback is 4 feet from that
abutting lot line.

Side Yard: no minimum setbacks,
except minimum 4 feet from lot line
abutting a single-family residence.

Rear Yard: 4 feet minimum.

Floor to
ceiling height
for ground
floor
commercial
use
15 feet minimum 12 feet minimum
Ground floor Zone D developments must have:

1. ground floor retail, office, or service commercial uses to primarily serve the neighborhood. Ground floor residential use is not permitted, except for an entry and lobby to the upper floor(s), except that:
the requirement for ground floor retail, office, or service commercial uses shall be waived for development in which 100% of the units are affordable to households earning 80% or less of the area median income (AMI) established by California Health and Safety Code 5105 that are deed-restricted for a period of 55 years or more.
1 The Civic Center Subarea consists of the Zone D parcels bounded by: Highland Way on the north, Highland Avenue on the south; and Highland Avenue on the east, Vista Avenue on the south, and Piedmont Unified School District properties on the north and west. 2 The Grand Avenue Subarea consists of the Zone D parcels bounded by: Wildwood Avenue to the southeast, Grand Avenue on the west, Zone A parcels on the north and east; and City boundary on the south, Grand Avenue on the east, Linda Avenue on the north, and Zone A properties to the west.
3 Setback requirements applicable to accessory dwelling unit construction are set forth in division 17.38, rather than this table.

B. In Zone D, for single-family residential use, small family day care home, manufactured and mobile homes, low barrier navigation center, licensed residential care facility or group home for up to 6 residents and unlicensed residential care facility or group home, employee housing for 6 or fewer persons, and supportive and transitional housing, the development standards are as follows:

Attachment A Agenda Report Page 18
Lot area; frontage;
coverage; height; front,
rear and side yards;
floor area ratio.

All as set forth for Zone A. See section 17.20.040.

C. In Zone D, for uses other than those listed above, the development standards are as follows:

1. Wireless communications facility as provided in division 17.46

2. Religious assembly as provided in section 17.20.040.A.

3. Stand-alone multi-family development including senior housing, disabled housing, singleroom occupancy and co-housing, and multi-family that is part of a mixed-use development as provided in section 17.24.040.A, except for density standards provided in 17.26.50.D.

4. Large day care home as provided in section 17.24.040.A.

5. Licensed residential care facility or group home for 7 or more residents as provided in section 17.24.040.A.

D. Density and Floor Area Ratio.

The following density and floor area ratio standards apply to all development in this division that includes residential uses, including multifamily developments, residential development within mixed-use development, SROs, and co-housing, except for single-family or similar residential uses.

1. The developer/property owner may choose to develop property in this zone at a minimum of 20 dwelling units/acre and maximum of 81 dwelling units/acre.

2. The maximum non-residential FAR in a mixed-use development is 75%.

3. The maximum non-residential floor area is 50% of residential floor area.

E. For lots that are larger than 5,000 square feet, an ADU shall be constructed:
a. when a new single-family residence is proposed on a vacant lot. b. when an existing single-family residence is demolished for a remodel or reconstruction, except when a single-family residence is being reconstructed to the same or similar square footage due to damage or destruction by accident, fire, flood, earthquake, or other act of nature.”
SECTION 8 – AMENDMENT OF DIVISION 17.28 ZONE E: ESTATE RESIDENTIAL Division 17.28 of the City Code is deleted and replaced in its entirety with the following:
“DIVISION 17.28 ZONE E: ESTATE RESIDENTIAL
Sections:

17.28.010 Intent

17.28.020 Permitted uses

17.28.030 Conditional uses

17.28.040 Regulations

17.28.010 Intent.

Attachment A Agenda Report Page 19
Zone E is established for estate residential homes, which tend to be larger lots. The purposes set forth for Zone A also apply to Zone E.

17.28.020 Permitted uses:

The following are permitted uses in Zone E:

A. Single-family residence.

B. Rented room, subject to section 17.40.020, or short-term rental, subject to a short-term rental permit under section 17.40.030.

C. Accessory dwelling unit, subject to division 17.38.

D. Small family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

E. Manufactured and mobile homes on a permanent foundation.

F. Low barrier navigation centers.

G. Residential care facilities or group homes that provide licensable services for up to six residents.

H. Residential care facilities or group homes that do not provide licensable services.

I. Supportive housing and transitional housing developments.

J. Accessory structures with accessory uses located on the same lot as the primary structures under this section.

K. Employee housing for 6 or fewer persons.

17.28.030 Conditional uses.

The following are allowed as conditional uses in Zone E:

A. Wireless communication facility, subject to a wireless communication facility permit (rather than a use permit) under division 17.46.

B. Residential care facilities or group homes that provide licensable services for seven or more residents.

C. Large family day care home in accordance with California Health and Safety Code sections 1597.43 - 1597.47.

17.28.040 Regulations.

Attachment A Agenda Report Page 20
A. The following development standards apply to the development of all uses in Zone E, except those listed in Section 17.28.040.B.:

Zone E requirements
Lot area Minimum 20,000 square feet, subject to exception for accessory dwelling unit construction set forth in division 17.38 or for a lot split under SB 9 set forth in division 17.54 Frontage, on public or
private street
Minimum 120 feet, subject to an exception for a lot split under SB 9 as set forth in division 17.54
Lot coverage;
landscaping
Subject to exception for accessory dwelling unit construction set forth in division 17.38:

Maximum 40% lot coverage for primary and accessory
structures. (A site feature is not calculated in the lot coverage if (1) the feature is not more than 7 feet height and (2) the total of all site features is 400 square feet or less.)
Minimum 40% landscaping.

Structure height Maximum 35 feet, except accessory dwelling units shall be subject to restrictions set forth in division 17.38.

Street yard setback Minimum 20 feet for primary and accessory structure, subject to exception for accessory dwelling unit construction set forth in division 17.38.

No minimum setback for a site feature, but a site feature may require a design review permit, under division 17.66.

Side yard and
rear yard setback
Minimum 20 feet for primary or accessory structure, unless the yard is street facing, in which case the minimum is 20 feet, except that a setback of only 4 feet is required for a new structure to be used as an accessory dwelling unit, and no setback is required for conversions of an existing structure to an accessory dwelling unit or portion thereof in the same location and same dimensions.**
However, an accessory structure not to be used as an accessory dwelling unit may be located anywhere within the side and rear setback areas except that it: (a) must be located within 35 feet of the rear lot line; (b) must be located at least 5 feet from a habitable structure on an abutting property, and, for a corner lot, at least 5 feet from a side lot line of an abutting property to the rear; (c) may not exceed 15 feet in height; and (d) may not be habitable. These distance requirements for an accessory structure also apply to a garage or carport attached to a primary structure.

No minimum setback for a site feature, but a site feature may require a design review permit under division 17.66.

A dwelling unit developed under SB 9 is subject to a 4 foot side and rear setback.

Attachment A Agenda Report Page 21
Floor area ratio* Subject to exception for accessory dwelling unit construction set forth in division 17.38, or for a dwelling unit developed under SB 9 set forth in division 17.54:

Maximum 55% of the lot area if the parcel is 5,000 square feet or less.

Maximum 50% of the lot area if the parcel is 5,001 square feet to 10,000 square feet.

Please refer to division 17.54 for standards for a lot split and two-unit housing developments performed under SB 9.

B. In Zone E, for uses other than those listed above, the development standards are as follows:

1. Wireless communications facility as provided in division 17.46.

C. For lots that are larger than 5,000 square feet, an ADU shall be constructed:
a. when a new single-family residence is proposed on a vacant lot. b. when an existing single-family residence is demolished for a remodel or reconstruction, except when a single-family residence is being reconstructed to the same or similar square footage due to damage or destruction by accident, fire, flood, earthquake, or other act of nature.”
SECTION 9 – AMENDMENT OF DIVISION 17.30 PARKING
Division 17.30 of the City Code is deleted and replaced in its entirety with the following:
“DIVISION 17.30 PARKING
Sections:

17.30.010 Single family residential and similar use (All zones)

17.30.020 Multi-family residential and similar group residential use (Zones A, B, C and D)

17.30.030 Commercial use and mixed-use residential/commercial (Zone D)

17.30.040 Location of parking spaces

17.30.050 Size and specifications

17.30.060 No reduction of existing parking

17.30.070 Compliance with Americans with Disabilities Act (ADA)

17.30.010 Single family residential and similar use. (All zones) Attachment A Agenda Report Page 22
A. Applicability. This section 17.30.010 applies to the following uses: single-family residential, small and large family day care homes, manufactured and mobile homes, low barrier navigation centers, supportive and transitional housing, residential care facilities or group homes that provide licensable services for up to 6 residents, residential care facilities or group homes that do not provide licensable services, and employee housing for up to 6 employees, and development projects under division 17.54 in any zone:

1. new development; and

2. existing development (which may be nonconforming under division 17.50), when an applicant seeks a building permit or land use approval for an improvement or change that may affect the need for parking. Exceeding certain underlying zoning regulations as indicated in the table in section 17.30.010.B.1 or an increase in the intensity of use will affect the need for parking. Existing street width and existing demand for on-street parking are factors in considering the intensity of use.

B. Regulations.

1. General.

Dwelling Unit Minimum number of off-street, covered, nontandem parking spaces Accessory dwelling unit (division

17.38)
0*
New primary unit** 800 square feet
or less
1 New primary unit** greater than 800
square feet
2 Primary unit that exceeds FAR, lot
coverage or structure height of the
underlying zone
1 additional parking space; for a maximum total
of 3 parking spaces.

SB-9 development (division 17.54) 1 per primary unit. If the parcel is located within one-half mile walking distance of either a highquality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources
Code, or a major transit stop as defined in
Section 21064.3 of the Public Resources Code,
then parking is not required for the new primary
unit.
* Under Government Code section 65852.2, the city may not require parking for an accessory dwelling unit located within 1/2 mile of public transit, and all Piedmont properties are within 1/2 mile.
** primary unit refers to single family residence, small and large family day care homes, manufactured and mobile homes, low barrier navigation centers, supportive and transitional housing, residential care facilities or group homes that provide licensable services for up to 6 Attachment A Agenda Report Page 23
residents, residential care facilities or group homes that do not provide licensable services, and employee housing for up to 6 employees.

2. Parking spaces may not be located within a 20-foot street setback.

3. When considering an application, the city may strictly apply the parking regulations under subsection B.1 above if the proposed construction will have an undue adverse impact on neighborhood vehicular congestion. A determination of undue adverse impact must be based on evidence considering one or more of the following factors: existing street width; existing on-street parking conditions; lack of sidewalks; and street slope and curvature.

17.30.020 Multi-family residential and similar group residential use. (Zones A, B, C and D).

A. Applicability. This section applies to each multi-family and similar group residential use in Zones A, B, C and D, including but not limited to: large family day care home, residential care facilities or group homes the provide licensable services for more than 7 residents, single-room occupancy, co-housing, multi-family residential, senior housing, housing for persons with disabilities, and religious institution affiliated housing.

Minimum number of off-street covered parking spaces
Accessory dwelling unit
(division 17.38)
0*
Multi-family development,
Independent living senior
housing, independent
living disabled persons
housing
1 space per
studio or 1
bedroom
unit
Exception: Planning Commission shall
reduce to 50% of required spaces when:
a. Development is within ½ mile of
regularly scheduled public transit stop;
and
b. At least 50% of units are deedrestricted for a period of 55 years to low-income households.

1.5 space
per 2 or
morebedroom
unit
Licensed residential
facility or group home for
7 or more residents
1 space per bedroom
Single room occupancies
or co-housing
1 space per bedroom
Exception: Planning Commission shall reduce to 50% of
required spaces when:
a. Development is within ½ mile of regularly scheduled
public transit stop; and
b. At least 50% of units are deed-restricted for a period of 55 years to low-income individuals.

Religious institution
affiliated housing
as provided in Section 65913.6 of the Government Code

0.5 space
per studio or
Additionally, 1 parking space for each
employee on-site at peak staffing.

Attachment A Agenda Report Page 24
Senior housing, disabled
persons housing (Assisted
Living)
1 bedroom
unit

0.75 space
per 2 or
morebedroom
unit
* Under Government Code section 65852.2, the city may not require parking for an accessory dwelling unit located within 1/2 mile of public transit, and all Piedmont properties are within 1/2 mile.

B. Additional Parking. Guest or management parking shall be provided for all development types under this section with the exception of accessory dwelling units and religious institution affiliated housing development.

Guest or management
Parking
1 space plus an additional parking space for every 10
dwelling units. Exception: Planning Commission shall
reduce to 50% of required spaces when:
a. Development is within ½ mile of regularly scheduled
public transit stop; and
b. At least 50% of units are deed-restricted for a period of 55 years to low-income households.

17.30.030 Commercial use and mixed-use residential/commercial. (Zone D).

A. Residential uses in mixed use commercial/residential: same as provided in section

17.30.020.

B. Commercial uses:

Use Type Minimum number of off-street, covered, nontandem parking spaces per floor area First 1,500 square
feet
In excess of 1,500 square
feet
Eating places and similar, highintensity on premise customer uses
Each 500 square feet:
11 Each 250 square feet: 11
Retail stores, offices, and other
low-intensity uses
Each 750 square feet:
11 Each 350 square feet: 11
1Or as required by conditional use permit.

17.30.040 Location of parking spaces.

Parking for a permitted use in any zone must be located: (1) on the same lot as the permitted use; (2) not within the street setback; and (3) not between the street-facing facade of a building and the lot line in Zone D. Parking for a conditional use in any zone will be provided as required by the conditional use permit authorizing the use.

Attachment A Agenda Report Page 25

17.30.050 Size and specifications.

Except as otherwise provided, a parking space required by this section must have unrestricted access to a public street with a grade not more than 20%. In Zone A, one of every three required parking spaces may be for a compact car, and in Zones C and D, one of every four required parking spaces may be for a compact car.

The minimum parking space dimensions are:
8-1/2 feet x 18 feet, or
7-1/2 feet x 15 feet for compact car.

A minimum 1-foot clearance must be provided between the length side of a parking space and the nearest wall or similar obstruction.

17.30.060 No reduction of existing parking.

Except for (1) the demolition of a garage, carport, or covered parking structure in conjunction with the construction of an accessory dwelling unit, or (2) conversion of a garage, carport, or covered parking structure for use as an accessory dwelling unit, no person may alter, eliminate, or restrict access to an existing parking space unless the Planning Director first determines that the space is (1) unusable, (2) is to be restored or replaced with a parking space which meets the requirements of this division 17.30, or (3) is permitted with a variance approved by the Planning Commission or City Council. For purposes of making this determination, the term unusable means that the parking space is not large enough to contain a compact-sized automobile or that the driveway to the parking space is so steep, narrow or otherwise configured that it precludes safe passage of the vehicle, and that enlargement to permit safe passage would result in severe economic hardship.

No garage or other off-street parking may be altered for a use other than parking, unless otherwise allowed under this chapter.

17.30.070 Compliance with American with Disabilities Act (ADA).

The Chief Building Official may adjust the parking requirements in zones B, C or D without a conditional use permit or design review permit, to meet the requirements of the Americans with Disabilities Act.”
SECTION 10 – AMENDMENT OF SUBSECTION 17.40.010.B.5.

Subsection 17.40.010.B.5. of Section 17.40.010, Purpose and intent, of the City Code is amended to read in its entirety as follows:
“5. Prohibit the short-term rental of accessory dwelling units, multi-family dwelling units, and units developed under division 17.54 to preserve them for long-term housing.” SECTION 11 – AMENDMENT OF SUBSECTION 17.40.030.A.

Attachment A Agenda Report Page 26
Subsection 17.40.030.A. of Section 17.40.030, Short-term rental, of the City Code is amended to read in its entirety as follows:
“A. Applicability. This section 17.40.030 applies to short term rentals of less than 30 consecutive days. The short-term rental must be located in a single-family dwelling unit that is the primary residence of the property owner or long-term tenant. It may not be located in an accessory dwelling unit (permitted or unintended), a multi-family dwelling unit, or a dwelling unit created under division 17.54. The short-term rental may be hosted or non-hosted.” SECTION 12 – ADDITION OF DIVISION 17.52 DENSITY BONUS
The City Code is amended to add Division 17.52, Density Bonus, to read in its entirety as follows:
“DIVISION 17.52 DENSITY BONUS
Sections:

17.52.010 Purpose and intent

17.52.020 Applicability

17.52.030 Definitions

17.52.040 Compliance with State Density Bonus Law

17.52.050 Application Requirements

17.52.060 Density Bonus Calculation

17.52.070 Application Review Procedure

17.52.080 Affordability Requirements

17.52.090 Appeal Process

17.52.010 Purpose and intent
The purpose and intent of this division is to implement the State Density Bonus Law as required by California Government Code Section 65915(a), and the Housing Element of the Piedmont General Plan, by providing incentives for the production of housing that is affordable to moderate, low or very low-income households, senior housing, or includes childcare facilities in accordance with Sections 65915 et seq. of the California Government Code.

17.52.020 Applicability
This division shall apply to any housing development project that is eligible to receive a density bonus pursuant to the State Density Bonus Law.

17.52.030 Definitions
In this division:

Administrative Guidelines means guidelines and procedures promulgated by the Director that may be modified from time to time to effectively implement this ordinance.

Attachment A Agenda Report Page 27
Affordable units means the proposed housing units available for rent or sale to households pursuant to State Density Bonus Law, as defined in Government Code section 65915 subdivision (b), as may be amended.

Base units means the total number of units in a housing development, not including units added through a density bonus pursuant to this division.

Concession shall have the same meaning as the term "concession or incentive" pursuant to State Density Bonus Law, as defined in Government Code section 65915 subdivision (k), as may be amended.

Density bonus means a density increase over the otherwise maximum allowable residential density for a housing development as of the date the application is deemed complete, as prescribed by State Density Bonus Law, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

Housing development shall have the same meaning as the term "housing development" pursuant to State Density Bonus Law, as defined in Government Code section 65915 subdivision (i), as may be amended.

Identifiable and actual cost reduction to provide for affordable housing means a reasonably quantifiable cost reduction that would be achieved for a housing development through a concession.

Maximum allowable residential density means the maximum residential density allowed for a housing development under this division and the land use element of the general plan. For purposes of this definition, residential density shall be calculated based upon the gross acreage of a housing development. If a housing development is proposed to be located on any property without a defined dwelling unit per acre standard, the maximum allowable residential density shall be the base density as established by the applicant pursuant to Section 17.52.050 B.

Reasonable documentation to establish eligibility for a concession means a credible written explanation or other documentation demonstrating to the reasonable satisfaction of the Director or designee that a concession will achieve an identifiable and actual cost reduction to provide for affordable housing.

State Density Bonus Law means California Government Code Section 65915, et seq, as the same may be renumbered or amended.

Waiver means a waiver or a reduction as the terms are used in California Government Code Section 65915 and in particular in Section 65915(e) thereof, and means any and all changes to or exemptions from physical lot development standards that are required to avoid precluding the construction of a housing development with density bonus units, as set forth in Section 65915(e), as may be amended. The City may request reasonable documentation from the applicant to support the request.

Attachment A Agenda Report Page 28

17.52.040 Compliance with State Density Bonus Law
The City shall comply with all provisions of State Density Bonus Law. The Director shall have the authority to prepare, adopt, and periodically update administrative guidelines consistent with this division and State Density Bonus Law, as mandated by state law without further action of the Planning Commission or City Council, to reflect changes in state law.

17.52.050 Application requirements.

A. An applicant requesting a density bonus pursuant to State Density Bonus Law must submit the following information as part of an application or amended application for a housing development in order for their application to be deemed complete:

1. A project summary table demonstrating the basis under State Density Bonus Law on which the applicant is requesting a density bonus, including the maximum allowable density permitted by the zoning and general plan designations excluding any density bonus; base units; proposed number of affordable units by income level; proposed bonus percentage; total number of dwelling units; residential gross floor area and total gross floor area proposed; density per acre; proposed number of parking spaces; and unit and bedroom counts and unit types for the purpose of calculating parking requirements;

2. A preliminary site plan drawn to scale, showing the number and location of all proposed units;

3. A legal description of the site;

4. A boundary survey;

5. An identification of the maximum density bonus to which the housing development is entitled on the basis requested;

6. An identification of any concession(s) sought and reasonable documentation consisting of a detailed written statement to establish eligibility for the concession(s);

7. An identification of any waiver(s) sought and a detailed written explanation of why the development standard from which any waiver is sought would have the effect of physically precluding the construction of the housing development at the density and with any concession(s) or parking ratio reduction sought;

8. If the housing development is proposed on any property that includes a parcel or parcels with existing dwelling units or dwelling units that have been vacated or demolished in the five-year period preceding the application, an explanation of how the project meets State Density Bonus Law's replacement housing requirements, if applicable, set forth in Government Code section 65915 subdivision (c)(3), as may be amended;

9. If the density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements pursuant to State Density Bonus Law, set forth in Government Code section 65915 subdivision (g), as may be amended, can be met;

10. If the density bonus or concession requested is based all or in part on the inclusion of a child-care facility, a written summary addressing the eligibility requirements pursuant to State Density Bonus Law, as set forth in Government Code section 65915 subdivision (h), as may be amended, have been met; and
Attachment A Agenda Report Page 29

11. If the density bonus or concession is based all or in part on the inclusion of affordable units as part of a condominium conversion, written summary addressing the eligibility requirements pursuant to State Density Bonus Law, set forth in Government Code section 65915.5, as may be amended, have been met.

B. Building permit. A building permit shall be required for construction or modification of a residential unit as set forth in the California Residential Code and other building standards adopted by the City.

17.52.060 Density Bonus Calculation
Density Bonuses must be calculated as set forth in State Density Bonus Law, and pursuant to the Administrative Guidelines.

17.52.070 Application Review Procedure
A. A density bonus application must accompany a housing development project application. The Director shall provide the applicant with notice whether the application is complete consistent with Government Code section 65943.

B. The Director shall process the density bonus application concurrently with all other applications required for the housing development. The body considering the housing development project will also be the reviewing body for the density bonus request.

C. At the time the application is deemed complete, the Director shall provide the applicant with a determination regarding the amount of density bonus and the parking ratio for which the housing development is eligible and whether adequate information has been submitted for the Director to make a determination or recommendation, as applicable, regarding any requested concessions and waivers.

D. The application for a density bonus shall be accompanied by an application fee in the amount established by City Council resolution.

E. The Director shall provide the applicant notice of financial assistance that may be available upon determining that the application is complete.

F. If the proposed housing development would be inconsistent with State Density Bonus Law, then the planning director shall provide the applicant notice describing the inconsistency(ies) pursuant to the Housing Accountability Act, Government Code section 65589.5.

G. Project Findings. All requests for density bonuses, concessions, parking ratios, or waivers shall be considered and acted upon by the approval body with authority to approve the housing development within the timelines prescribed by Government Code Sections 65950 et seq. The approval body shall grant the request(s) pursuant to state Density Bonus Law if the following findings are met:
i. The project is a housing development that qualifies for a density bonus and meets all applicable eligibility requirements;
Attachment A Agenda Report Page 30
ii. The housing development has provided sufficient affordable units or otherwise meets all eligibility requirements;
iii. If a reduced parking ratio is requested, the housing development meets all eligibility requirements, unless the City makes certain findings pursuant to State Density Bonus Law, as set forth in Government Code section 65915 subdivision (p)(8), as may be amended;
iv. If concessions are requested, the housing development meets all eligibility requirements, unless the City makes certain findings pursuant to State Density Bonus Law, as currently defined in Government Code section 65915 subdivision (d)(1), as may be amended; and
v. If waivers are requested, the development standards requested to be waived would physically preclude construction of the housing development at the density and with any concession(s) or parking ratio reduction sought, unless the City makes certain findings pursuant to State Density Bonus Law, as set forth in Government Code section 65915 subdivision (e)(1), as may be amended.

17.52.080 Affordability Requirements
A. Affordable rental units provided by a housing development to meet State Density Bonus Law requirements shall be subject to an affordable housing agreement recorded against the housing development with a fifty-five (55) year term commencing upon the issuance of certificates of occupancy. The form of the affordable housing agreement shall be approved by the City Attorney.

B. For-sale affordable units provided by a housing development to meet State Density Bonus Law requirements shall be subject to a recorded affordable housing agreement with a minimum 45-year term commencing upon the issuance of certificates of occupancy in a form approved as to form by the City Attorney . The affordable housing agreement shall, at a minimum, require that:

1. Each for-sale affordable unit shall be sold to an income qualified household at an affordable housing cost, as defined in the affordable housing agreement; and

2. Each for-sale affordable unit shall be sold to the initial purchaser subject to a recorded resale restriction agreement approved as to form by the City Attorney, which shall:
a. Have a forty-five (45) year term or longer if required by another public financing source or law;
b. Restrict the resale price of the unit to an affordable housing cost, as defined in the resale restriction agreement; and
c. Require that if the unit is sold to a subsequent purchaser during the term of the agreement, the purchaser shall purchase the unit subject to a resale restriction agreement approved as to form by the town attorney with a new forty-five (45) year term or longer if required by another public financing source or law.

17.52.090 Appeal Process
Any interested parties may appeal any decision to approve or deny a density bonus permit application pursuant to division 17.78 of the Piedmont Municipal Code. No permit shall be deemed issued or effective until the appeal period set forth in division 17.78 has expired.” Attachment A Agenda Report Page 31
SECTION 13 – ADDITION OF DIVISION 17.54 URBAN LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS (SB 9)
The City Code is amended to add Division 17.54, Urban Lot Splits and Two-Unit Housing Developments (SB 9), to read in its entirety as follows:
“DIVISION 17.54 URBAN LOT SPLITS AND TWO-UNIT HOUSING
DEVELOPMENTS (SB 9)
Sections

17.54.010 Purpose and intent

17.54.020 Permit requirement

17.54.030 Definitions

17.54.040 Permit Application and review procedures

17.54.050 Urban Lot Split Standards

17.54.060 Two-Unit Housing Development Standards

17.54.070 Accessory Dwelling Units

17.54.080 Waivers from Standards

17.54.010 Purpose and intent
The State Legislature has declared that local jurisdictions must allow for a ministerial review of up to two residential dwelling units on each lot where single-family uses are authorized, and urban lot splits in order to allow for the construction of additional housing units. (Government Code Sections 66411.7 and 65852.21.) Proposed housing developments of up to two dwelling unit and urban lot splits in Zones A and E shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development or urban lot split meets all of the applicable requirements. Urban lot splits and housing developments of up to two dwellings units shall not be allowed in Zones B, C, and D. This division shall adhere to the Government Code sections referenced below, which Government Code provisions may be amended from time to time. This division shall be interpreted in accordance with state law requirements.

17.54.020 Permit requirement
A. SB9 – Urban lot split permit. A permit is required for an urban lot split in Zones A and E in accordance with the provisions of Government Code Section 66411.7.

B. SB9 – Two-unit housing development permit. A permit is required for a housing development of up to two units in Zones A and E in accordance with the provisions of Government Code section 65852.21.

C. An application for a two-unit housing development permit may be submitted in conjunction with an urban lot split permit application.

D. Building permit. A building permit shall be required for construction of any proposed new dwelling units.

Attachment A Agenda Report Page 32

17.54.030 Definitions
In this division:

Accessory dwelling unit or “ADU” shall have the same meaning as specified in Section

17.38.020 of the Piedmont City Code.

Existing dwelling unit means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50 percent of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50 percent of the exterior wall framing has been removed is considered a new dwelling for purposes of this division.

Flag lot means a parcel that has less than the minimum required frontage on a public road and has access to the public right-of-way by a narrow strip of land, with the largest portion of the lot being situated behind adjoining lots which front a public right-of-way.

Junior accessory dwelling unit or “JADU” shall have the same meaning as specified in Section 17.38.020 of the Piedmont City Code.

Panhandle lot is a lot containing a narrow strip of land that is connected on its shorter side (b) to the larger portion of the lot where the narrow strip does not provide access to the public right-of-way, and the length of the shorter side (b) of the narrow strip of land is less than 50 percent of the parallel width (a) of the larger portion of the lot.

Primary dwelling unit means a single-family residence or a residential unit within a multifamily residential development. A primary unit is distinct from an ADU or a JADU.

Examples of primary units include a single-family residence (i.e., one primary unit) and a duplex (i.e., two primary units).

SB 9 dwelling unit or SB 9 unit means a dwelling unit that is developed using the provisions in this division and the provisions identified in California Government Code Section 65852.21.

Two-unit housing development means a development containing no more than two primary dwelling units. A two-unit housing development may include two new units or one new unit added to an existing unit.

Attachment A Agenda Report Page 33
Unusual shape means (1) a parcel with more than 6 sides; (2) a parcel created by a lot split that necessitates more than three property line segments; (3) a panhandle lot; or (4) a parcel where an interior angle is less than 50 degrees unless the curvature of an existing street or lot line precludes the possibility of a corner that meets the angle requirement.

Urban lot split means the subdivision of a parcel within a residential single-family zone into no more than two parcels pursuant to the authority set forth in Government Code section 66411.7.

17.54.040 Permit application and review procedures
A. Application.

1. Application. An owner is required to submit an application for an urban lot split permit and a two-unit housing development permit. An application for an urban lot split may be submitted concurrently with an application for a two-unit housing development. A complete application will be reviewed for conformance with this division and the applicable standards by the Planning & Building Director.

2. Application fee. The owner shall pay an application fee in the amount established by City Council resolution.

3. Affidavit. Upon the submittal of an urban lot split application, the property owner must sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum period of three years from the date of the lot split. If there is no residence existing on either lot, the applicant shall sign the affidavit stating that they will intend to live in one of the new units for a minimum of three years.

B. Ministerial Review. The Director shall review each application ministerially to determine if the development standards in section 17.54.050 are met for an urban lot split or the development standards in section 17.54.060 are met for a two-unit housing development. The Director will review the application without notice or public hearing, and shall approve the application of the application meets the applicable requirements of the division.

C. Subdivision Map Act. An application for an urban lot split permit must adhere to the objective requirements outlined in the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. A tentative map shall be submitted to the City Engineer for a lot split application.

D. Inconsistencies. If the proposed urban lot split or two-unit housing development is inconsistent with applicable requirements, the planning director shall provide the applicant notice describing the inconsistency(ies) in the same manner prescribed by Government Code section 65589.5(j)(2).

E. Decision and conditions. The Director shall render a decision in writing and shall state the reasons for approval or denial. The decision of the Director shall be final. The City may deny an urban lot split permit or a two-unit housing development permit if the Director makes a written Attachment A Agenda Report Page 34
finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

17.54.050 Urban Lot Split Standards
The Director may not approve an application for an urban lot split permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size Requirements

1. The parcel subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

2. The newly created parcels are no smaller than 1,200 square feet.

B. Location Requirements

1. The parcel is not located in an area identified in subparagraphs (B) to (K) of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code. a. The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
b. The parcel is not located on a hazardous waste site, as defined by Government Code Section 65913.4(a)(6)(H).
c. The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred (100)- year flood) as defined by Government Code Section 65913.4(a)(6)(G).
d. The property is not located within a regulatory floodway, as defined by Government Code Section 65913.4(a)(6)(H).

2. The proposed urban lot split would not require demolition or alteration of the housing types listed in Government Code section 66411.7(a)(3)(D)(i)-(iv). following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of the California Government Code Attachment A Agenda Report Page 35
(commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
d. Housing that has been occupied by a tenant in the last three years.

3. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. The parcel has not been established through prior exercise of an urban lot split as provided for in this division.

5. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this division.

C. Lot Configuration

1. Access to Public Right-of-Way. The new parcel shall have vehicular access to the public right-of-way, either through direct lot frontage or an easement through the existing parcel.

2. Existing Dwelling Unit. If an urban lot split is proposed for a property with an existing dwelling unit, the split must result in the existing dwelling unit being completely located on one parcel.

3. Lot Frontage. The lot shall have a minimum frontage of 60 feet, unless the frontage requirement precludes the development of two lots containing an 800 square foot primary structure. A new lot may be accessed via an easement across a pre-existing lot that contains street frontage.

4. Flag Lots. Flag lots are not permitted under an urban lot split permit. If a new parcel is created without direct access to the public right-of-way, an easement shall be provided through the original lot. The easement shall meet the following requirements:
a. The easement shall have a minimum width of 12 feet.
b. The easement shall provide access for utilities to be connected to the public rightof-way.

5. The side line of all lots shall be at right angles to the street which the lot faces, or approximately radial to the center of the curvature, if the street is curved. Side lines of lots shall be approximately radial to the center of the curvature of a cul-de-sac on which the lot faces.

6. For a newly created lot that is located in both Piedmont and Oakland, the applicant shall obtain all the required permits in both jurisdictions.

7. Lots of an unusual shape, as defined in section 17.54.030, are not permitted.

8. Access to the new lot shall meet the driveway width and slope standards outlined in Chapter 3.07 of the Piedmont Design Standards and Guidelines.

D. Utilities

1. The new parcel shall have separate utilities, including but not limited to electric, gas, water, and sewer. The new parcel shall adhere to the standards outlined in the Piedmont Public Works Standards.

2. Utility easements shall be recorded prior to final map recordation.

Attachment A Agenda Report Page 36

17.54.060 Two-Unit Housing Development Standards
The Director may not approve an application for a two-unit housing development permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size.
a. The SB 9 unit is no more than 800 square feet in size. b. For an SB 9 unit that exceeds the 800 square foot size limit, the SB 9 unit shall meet the floor area ratio criteria for the underlying zoning district, unless the development falls under section E below.

B. Height. The maximum height of a new SB 9 unit shall meet the requirements of the underlying zoning district.

C. Setbacks.
a. The side and rear setback is four feet for an SB 9 unit in any zone. b. The street-side setback, including for corner lots, is 20 feet. c. For the development of a new SB 9 unit within an existing structure that does not meet the four-foot setback requirement, the new unit is allowed to keep the nonconforming condition so long as the nonconformity is not increased within the setback area. The converted structure must be in the same footprint and dimensions as the existing non-conforming structure.

D. Parking. New SB 9 units are required to have at least one parking space that meets the size requirements in Section 17.30 of the Piedmont City Code. If the parcel is located within onehalf mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, then parking is not required for the new SB 9 unit.

E. Lot Coverage.
a. When a two-unit housing development is proposed on a new lot created pursuant to the urban lot split provisions specified in this division, the new SB 9 unit(s) shall conform to the structure coverage, landscape coverage, and floor area ratio of the underlying zoning district.
b. When a new SB 9 unit is constructed on a lot with an existing dwelling unit, the floor area ratio may exceed the code required maximums so long as structure and landscape coverage conform to the requirements of the underlying zoning district.

F. Path of Travel. The path of travel to the new SB 9 unit shall be clearly marked by providing an address marker visible from the street and at the main entry door to the new unit. If needed, path lights shall also be installed. The path of travel shall have a minimum width of 3 feet.

17.54.070 Accessory Dwelling Units
Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are permitted on a parcel that has undergone an SB9 urban lot split or is a two-unit housing development that conforms with California Government Code Sections 65852.2 (ADUs) and 65852.22 (JADUs).

Once a parcel has been divided pursuant to the urban lot split provisions, the maximum number of dwellings on each resulting parcel, inclusive of any ADUs or JADUs, is two. On a parcel with Attachment A Agenda Report Page 37
a two-unit housing development, the maximum number of units allowed is four (inclusive of two primary units, an ADU, and a JADU).

17.54.080 Waivers from Standards
A. An applicant may request a waiver from the development standards provided in this division if the following criteria are met:

1. Application. The applicant requests an exception as a part of the application materials.

2. Approval Authority. The exception request shall be submitted to the Director for review.

The Director shall determine if the exception meets the standards for approval.

3. Standards for Approval. An exception from a development standard shall be granted if the standard would have the effect of physically precluding:
(1) an urban lot split where the minimum lot size is at least 1,200 square feet for both parcels; or
(2) the construction of up to two units, or precluding either of the two units from being at least 800 square feet in floor area.

A waiver cannot be approved for an application that proposes new construction within the fourfoot side and rear setbacks.” SECTION 13 – AMENDMENT OF SUBSECTION 17.67.030.A
Subsection 17.67.030.A of Section 17.67.030, Permits required, of the City Code is amended to read in its entirety as follows:
“A. Permit required. A ministerial design review permit is required for any development which meets the eligibility criteria for ministerial review under State law, subject to review under PCC Chapter 17 division 17.38, and (2) Two-unit housing developments and/or urban lot splits, which are subject to review under PCC Chapter 17 division 17.54;” SECTION 14 – AMENDMENT OF SUBSECTION 17.67.060.A
Subsection 17.67.060.A of Section 17.67.060, Standards; Findings, of the City Code is amended to read in its entirety as follows:
“A. The proposed development meets the criteria for ministerial approval under State law.” SECTION 15 – AMENDMENT OF ARTICLE 5, DIVISION 17.90 DEFINITIONS;

MEASUREMENTS
Article 5, Division 17.90 of the City Code is deleted and replaced in its entirety with the following:
“ARTICLE 5. DEFINITIONS; MEASUREMENTS
Attachment A Agenda Report Page 38

17.90.010 Definitions

17.90.020 Measurements

17.90.010 Definitions.

In this chapter:

Abutting means next to, or against. It does not include a property across a street.

Accessory use. See Uses.

Adjacent means next to, or against. For notification purposes, it includes a property directly across a street.

Affordable housing and related definitions. See section 17.38.020.

Americans with Disabilities Act or ADA means the federal act that prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, government services, public accommodations, commercial facilities, and transportation, including amendments made to the Act.

Assisted living means housing that provides a combination of traditional housing with personalized supportive services and care.

Basement means that portion of a building that is partly or completely below grade.

Bedroom includes any room with features generally characteristic of bedrooms, regardless of its designation on a building plan. A bedroom has adequate privacy and meets the minimum size and habitation requirements of the Building Code. It includes and is not limited to a room with:
(a) access to a full bathroom on the same floor or within half a floor, if the house has a split level; (b) access to a full bathroom through a common hallway or other common space such as a kitchen, living room and/or dining room. A bedroom need not have a closet.

Building means a structure for the support, shelter, or enclosure of persons, animals, or possessions. See also Structure.

Nonconforming building means a building or structure which was legally established, but which does not conform to the regulations of the zone in which it is presently located. See division 17.50.

Building Code means the California Building Codes adopted by the city at chapter 5.

Business (license) tax. See chapter 10.

City Code means the Piedmont City Code.

Attachment A Agenda Report Page 39
Co-housing means rental communities or developments where shared common spaces, such as kitchens, living rooms, and outdoor areas, are managed communally or by the landlord, but each household has a private bedroom or living space. A “Co-housing unit” means a unit rented for periods of 30 days or more containing one or more private bedrooms and providing a minimum of one shared living room, kitchen, and bathroom for every five bedrooms or fewer.

Conditional use permit or use permit. See division 17.68.

Day means a calendar day, unless stated otherwise. (See also section 17.04.080 regarding extensions of time for holidays and weekends.

Day care facility means an existing or proposed building, equipment and any accessory structures on a site, in which there are programs and personnel licensed by the state for direct child or adult care services including, but not limited to shelter, food, education and play opportunities for a portion of the day.

Daylight plane. See Section 17.90.020, Measurements.

Demolition as used in Chapter 17 means the decimating, razing, ruining, tearing down or wrecking of any structure or building, including any change to a building which removes a dwelling unit. As used herein, the word "demolition" shall include any partial demolition and any interior demolition affecting more than 70 percent of the original structure, including exterior facades, vertical elements (such as interior walls, interior stairs, chimneys) and horizontal elements (such as roof areas, floor plates), as determined by the Building Official.

Density (residential) means the amount of development per acre on a parcel under the applicable zoning, commonly measured as dwelling units per acre (du/ac). . Residential density is a computation expressing number of dwelling units per acre.

Director or Planning Director means the City Planning Director or his or her designee.

Dwellings:

Accessory dwelling unit. (Formerly second unit.) See division 17.38.

Dwelling unit means a room or a suite of connecting rooms, which provides complete, independent living quarters for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation, and which complies with all building code requirements.

Dwelling unit, studio means any dwelling unit wherein one habitable room provides for combines living, sleeping, cooking, dining, and sanitation.

Multi-family dwelling means a residential structure containing more than one dwelling unit and designed to be occupied by more than one family independently of each other.

Attachment A Agenda Report Page 40
Primary unit means a principal single-family dwelling.

Rented room. See section 17.40.020.

Single-family dwelling or single-family residence means a building or structure, which is designed or used exclusively as a residence, including only one dwelling unit.

Short term rental. See section 17.40.020.

Emergency Shelter means housing with minimal supportive services that is limited to occupancy of up to 180 days by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.).

Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

Employee Housing means housing provided by an employer and maintained in connection with any work or place where is being performed, as more particularly defined in California Health and Safety Code Subdivision 17008, or successor statute, as may be amended from time to time.

Fair Housing Laws means (1) the Federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Govt. Code § 12955 and following), including amendments to them.

Family means: (i) two or more persons related by birth, marriage, or adoption, or (ii) an individual or a group of persons living together who constitute a bona fide housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.

Fence. See Measurements.

Floor area. See Measurements.

Footprint. See Measurements.

Frontage. See Measurements.

Grade. See Measurements.

Ground floor is the floor level in a commercial or mixed-use building nearest the lowest adjacent grade.

Group home means housing shared by unrelated persons with disabilities that provide peer and other support for their resident’s disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.

Attachment A Agenda Report Page 41
Hearing body or appeal body means the Planning Director, Planning Commission, or City Council authorized under this chapter to hear a matter.

Home occupation. See division 17.44.

Improvement(s) means any building, structure, landscaping, or other alteration of the natural or existing state of land.

Includes means includes but not limited to.

Independent living means housing that is designed to enable seniors to live an independent lifestyle that includes recreational, educational, and social activities.

Kitchen:

Kitchen, accessory means permanent facilities for the purpose of food storage, preparation and/or cooking, located on a single-family residential property, which are accessory and incidental to a primary kitchen. An accessory kitchen includes, but is not limited to: kitchen facilities or a wet-bar in a pool house, guest cottage, domestic quarters, or recreation room; or a wet-bar or outdoor kitchen.

Kitchen, primary means the main kitchen facilities within a single-family residence or accessory dwelling unit having permanent facilities for the purpose of food storage, preparation and cooking.

Landscape; hardscape; open space:

Landscaping means the planting, irrigation, and maintenance of land with living plant and other organic materials.

Hardscape surface means any non-landscaped surface where vegetation would not easily grow. See Measurements at section 17.90.020.

Open space means an expanse of land that is essentially unimproved except for vegetation and walkways.

Living space means space within a dwelling unit or accessory structure used for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes.

Lots; lot lines:

Lot means a parcel of land under one ownership.

Corner lot means a lot located at the intersection of two or more streets and with frontage on at least two of those streets.

Interior lot means a lot not defined as a corner lot or a through lot.

Lot line means one of the boundary lines of a lot.

Attachment A Agenda Report Page 42
Rear lot line is the lot line most directly opposite the street lot line.

Side lot line means a lot line that is not defined as a street lot line or rear lot line.

Street lot line means a lot line along a street.

Through lot means a lot both the street lot line and rear lot line of which have frontage on a street.

Low Barrier Navigation Centers means a low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as more particularly defined in California Government Code section 65600, or a successor statute, as may be amended from time to time.

Low-income household means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to California Health and Safety Code Section 50052.5.

Manufactured home means a single-family detached or attached structure that is either wholly or substantially manufactured off-site, to be wholly or partially assembled on site, manufactured under the authority of 42 USC Section 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes. It is transportable in one or more sections, is built on a permanent chassis, and is used as a residence, but is not constructed with a permanent hitch or other device allowing transport other than for the purpose of delivery to a permanent site, and does not have wheels or axles attached permanently to its body.

Minor servicing means any premises developed with facilities for the sale of motor vehicle fuels; and which may also provide lubricants, tires, batteries, accessory items, and other customary services for motor vehicles. The servicing of motor vehicles shall be generally limited to lubrication, minor repairs, and washing. Minor servicing shall not include major motor vehicle repair.

Mobile home means a transportable, manufactured home, designed to be used as a year-round residential dwelling unit, connected to required utilities, and built prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. A mobile home does not include a recreational vehicle, motor coach, trailer coach or travel trailer.

Multifamily means a building designed or used exclusively as a residence that includes two or more separate dwelling units. This definition includes, but not limited to, duplexes and triplexes, apartments, and townhomes under a common ownership.

Peak staffing means the time at which the maximum number of employees are on site.

Attachment A Agenda Report Page 43
Person means an individual natural person, firm, corporation, association, organization, partnership, limited liability company, business trust, corporation or company, or the authorized agent of the person. It includes a governmental entity other than the city.

Public transit stop means a regularly scheduled bus stop, as posted in a transit agency’s most current publication of routes and stops, including but not limited to Alameda-Contra Costa Transit District (AC Transit) bus service.

Reasonable accommodation. See division 17.78.

Religious assembly means a facility for religious worship and incidental religious education and social functions, but not including a private school.

Religious institution affiliated housing is as defined in California Government Code section§ 65913.6(a)(5) or a successor statute, as may be amended from time to time.

Religious institution affiliated emergency shelters means emergency shelters, as defined above, that meet the locational requirement for religious institution affiliated housing.

Religious-use parking spaces means parking that are required under the local agency’s parking requirements for existing places of worship, or parking spaces that would be required in a proposed development for a new place of worship.

Residence. See Dwelling.

Residential care facilities means facilities for residential care for the elderly, adult residential facilities, group homes for children, and small family homes for children. Residential care facilities that provide licensable services provide licenses under State law. Residential care facilities that do not provide licensable services may provide some supportive services for their residents but not services that require licenses under State law.

Rented room. See section 17.40.020.

Setback. See Measurements, section 17.90.020.

Short-term rental. See section 17.40.030.

Sign. See section 17.36.010.

Single-room occupancy (SRO) means a type of group residential use where there are at least five single rooms with no more than two occupants in each unit. The single rooms are habitable rooms that may have a bathroom and/or limited cooking facilities, and are intended for combined living and dining purposes.

Attachment A Agenda Report Page 44
Street means a public vehicular roadway. It does not include a public alley, or a private roadway. (A list of streets is set forth in the Piedmont Design Guidelines.) Structure; Site feature:

Accessory structure means a detached structure, the use of which is appropriate, incidental to, and customarily or necessarily related to the zone and to the principal use of the lot or to that of the primary structure.

Deck. See Measurements, section 17.90.020.

Primary structure means the structure on a lot in which the principal use is conducted. It does not include an accessory structure, site feature, underground facility, built feature listed in Building Code section 5.2.2, on-grade improvement, or temporary handicap structure.

Site feature means a subordinate structure that is intended to functionally or decoratively enhance a property and that is primarily used for recreation, decoration or as a utility feature.

A list of site features is set forth in the Piedmont Design Guidelines. Site feature does not include an accessory structure, primary structure, or built feature listed in Building Code section 5.2.2.

Structure means a built feature that is located or attached to the ground, and that is 12 inches or higher above existing or proposed grade. Structure does not include fencing or retaining walls. See also Building.

Structural change means a physical change, addition, or reduction in an exterior wall, an interior bearing wall, a floor, or a roof and/or the addition of a new structure.

Supportive housing means housing with no limit on length of stay that is linked to on-site or offsite services, as more particularly defined in Health and Safety Code section 50675.14(b)(2), or successor statute, as may be amended from time to time, respectively.

Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, as more particularly defined in Health and Safety Code section 50675.2(h), or successor statute, as may be amended from time to time, respectively.

Uses.

Use means the purpose for which a parcel or improvement is designed, arranged, or intended.

Accessory use means a use that is appropriate, subordinate, incidental, and customarily or necessarily related to a lawfully existing principal use on the same lot.

Attachment A Agenda Report Page 45
Conditional use means a principal use for which a conditional use permit is required. (See division 17.68. See also wireless communication facility permit at division 17.46.) Mixed use commercial/residential means a development that combines commercial and residential uses and has both (a) ground floor retail, office or service commercial; and (b) a multi-family residential dwelling. See Measurement.

Nonconforming use means a use that was legally established consistent with the zoning in effect at the time of its establishment, but which does not conform to the regulations of the zone in which it is presently located. See division17.50.

Permitted use means a principal use that is allowed as a matter of right in a particular zone.

Principal use means the primary use permitted or conditionally permitted on a lot.

Variance. See division 17.70.

View means an existing significant view involving more than the immediately surrounding properties or a view of sky, including, but not limited to, any of the following: city skyline, historic landmark, bridge, distant cities, geologic feature, significant hillside terrain, wooded canyon or ridge.

Wireless communication facility and related definitions. See section 17.46.020.

Yards.

Rear yard means a yard abutting the rear lot line, measured between the rear lot line and the nearest point of the primary structure.

Side yard means a yard measured between the side lot line and the nearest point of the primary structure.

Street yard means a yard facing a street, measured between the street lot line and the nearest point of the primary structure.

17.90.020 Measurements
Building height is measured from the average level of the highest and lowest point of that portion of the ground covered by the footprint of the building to the highest point of the roof edge, penthouse, mechanical equipment, or parapet wall. Building height is not measured to the highest point of a chimney or communications antenna.

Attachment A Agenda Report Page 46
(A + B)/2 = Building height
Building height of an accessory dwelling unit is measured from the average level of the highest and lowest point of that portion of the ground covered by the footprint of the accessory dwelling unit to the highest point of the roof edge, mechanical equipment, or parapet wall. Building height of an accessory dwelling unit is not measured to the highest point of a chimney or communications antenna.

Coverage means the percentage of the lot area that is covered. Coverage may refer either to (1) all structures and site features including their vertical projections to the ground except eaves, sills, cornices, awnings that project three feet or less from the wall surface, (2) hardscape surfaces, or (3) to both, as may be specified in the context. (See Design Guidelines.) Daylight plane means a height limitation that
when combined with the maximum height limit,
defines the maximum building envelope. A new
structure or addition must fall within this
envelope. The daylight plane is measured inward
toward the center of the property at an angle of 45
degrees from a point defined by its height above
grade and distance from the abutting lot line.

Deck means an expanse of wood or other material where any part of the horizontal surface is greater than 12 inches above the ground directly below the point of measurement.

Dwelling units per acre (du/ac) means how many individual dwellings can be located on any one lot. For example, a single-family residence on a 1-acre lot would have a density of 1 du/ac.

Attachment A Agenda Report Page 47
Likewise, if a 50-unit apartment building is on a 0.5-acre lot, the density would be 100 du/ac.

The physical size of the lot determines how many dwellings can fit on a site; a 0.5-acre lot with a density maximum of 20 du/acre would only be permitted for up to 10 dwelling units. Du/ac does not dictate unit size or unit type.

Fence includes a railing, free-standing wall, or a decorative element such as lattice, trellis, and covered gate, or any combination of these features. Neither the trellis or any part of the fence may be wider than 24 inches in the smallest plan dimension. A fence may be free-standing or self-supporting.

If measurement "E" is less than 24 inches, the
fence and retaining walls are measured
together (e.g., A+B=Height).

If measurement "E" is greater than 24 inches,
the fence and retaining walls are measured
independently.
(e.g., measurement C would be independent of
A+B)
If measurement "D" is ≤ 24" the improvement is
considered a fence.

If measurement "D" is > 24" the improvement is
considered a site feature.

The measurement and terracing of fences and retaining walls. See section 17.30.010.

Floor area of a building means the sum of the gross horizontal area of the floors of the building, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, and includes, but is not limited to:

1. living space on all levels, including within a basement or attic;

2. elevator shafts and stairwells at each floor;

3. bay window or window seat that projects beyond the exterior wall in which a person can reasonably stand or sit, even if the window or seat does not have a minimum ceiling height of seven feet, six inches;

4. seventy square feet or more of contiguous non-habitable attic area that has permanent access, a minimum ceiling height of five feet, and an average ceiling height of at least seven feet six inches. Permanent access includes built-in stairs (even if they do not meet all of the building code requirements), but does not include built-in or pull-down ladders;

5. seventy square feet or more of contiguous non-habitable basement area that has a minimum ceiling height of seven feet and at least 42 inches of the basement level, measured from the basement ceiling, is above grade at the exterior wall;

6. enclosed porch or lanai, heated or not;
Attachment A Agenda Report Page 48

7. high-volume space that exceeds an average height of 15 feet, measured from finished floor to the outer roof, is counted as two stories; and

8. area within a building used for commercial purposes.

Unless listed above, living space not considered habitable under the Building Code because of window size, ventilation, access, ceiling height, heating, or electrical service (e.g. unconditioned storage area) is not counted in the floor area, but if the space is actually used for living, sleeping, eating, bathing, washing, or cooking, the space will be included, subject to the interpretation of the Director.

Floor height is measured from the floor level of a story to the floor level of the story directly above or roof surface directly above. See also Story.

Footprint means the total land area covered by all accessory and primary structures on a lot, measured from outside the exterior walls and supporting columns or posts, except that the following are not included in determining footprint:

1. The portions of any uncovered and unenclosed decks, porches, landings, or patios, not including railings, which are less than 30 inches above finished grade and which project no more than 36 inches from the footprint;

2. Uncovered and unenclosed stairways, including railings, which are less than six feet above finished grade and which project no more than 36 inches from the footprint;

3. Eave or and roof overhang that projects up to three feet from the exterior wall surface or supporting column or post;

4. Trellis, awning or similar feature that projects horizontally up to three feet from the exterior wall surface or supporting column or post.

Frontage means the length of a lot line of a lot contiguous with a portion of a public or private street, whether or not the entrance to any structure on that lot faces the street. Frontage may occur along a front, side, or rear lot line.

Grade.

Average grade means the average level of land on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.

Existing grade means the level of the ground or pavement as it exists before it is disturbed in preparation for a project.

Hardscape includes: a structure; paving material (concrete, asphalt, brick, stone, gravel, wood, stepping stone or other similar walkway); swimming pool; or patio, deck, balcony, or terrace.

Hardscape does not include building eaves or landscaping. Nor does it include retaining walls, fences, furniture, statuary, or other individual built features used in conjunction with landscaping which individually do not cover more than ten square feet and cumulatively do not cover more than 100 square feet.

Attachment A Agenda Report Page 49
Net lot area means the area of a lot, excluding publicly dedicated land and private streets that meet local standards, and other public use areas.

Setback means the required distance that a building, structure or other designated item must be located from a lot line. Setbacks are measured from the lot line to the footprint of the structure or building.

Story means a portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above. See also Floor height.” SECTION 16 – CONFLICTS
If a previous City Council ordinance or resolution is in conflict with this ordinance, that ordinance or resolution is superseded, and the provisions of this ordinance prevail.

SECTION 17 – SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances.

SECTION 18 – CODIFICATION
The City Clerk is directed to codify this ordinance in a manner which reflects the legislative intent of the City Council.

SECTION 19 – POSTING, EFFECTIVE DATE, AND SUBMISSION
This Ordinance shall be posted at City Hall after its second reading by the City Council for at least 30 days and shall become effective 30 days after the second reading. The City Clerk is directed to submit a copy of this ordinance to the Department of Housing and Community Development in the manner required by law.
[END OF ORDINANCE]
Attachment A Agenda Report Page 50

Piedmont City CouncilMarch 4, 2024

Piedmont City Council
March 4, 2024